Unfortunately I think I'll have to pay this penalty

tincho

Hi, 

I recently parked for 30 minutes at the Isleworth Station car park (Railway Assets), which allows 20 minutes of free parking. However, I received a penalty notice afterward.

Under the current BPA Code of Practice (Version 1.1, effective since February this year), it seems the grace period no longer applies to short-stay parking areas. That would have been my strongest argument: 20 minutes free plus a 10 minute grace period equaling 30 minutes... which was previously permitted under earlier versions of the code.

It looks like my chances of successfully appealing this to POPLA are quite low. Do you think I should just accept it and pay the £50 (if paid within 14 days) penalty?

Thank you

tincho

Here's the new version from the BPA document:

5.2. Grace period

A grace period as set out at Annex B to this Code must be allowed by the parking operator in addition to the parking period. A parking charge must not be issued during a Grace Period.

NOTE 1: The grace period does not apply other than where the driver has parked in compliance with the applicable terms and conditions – it does not apply in isolation so as to allow free parking up to the sum of the consideration and grace periods.

NOTE 2: The grace period does not apply to short stay areas – controlled land where the parking of a vehicle is permissible for a limited period not greater than 30 minutes, for example at airport and railway station drop off and pick up zones.

Car1980

You can ignore APCOA railway PCNs

https://forums.moneysavingexpert.com/discussion/6528998/apcoa-railway-pcn

tincho

Thanks for your advice, unfortunately the car is from my father in law (even though I was the one driving it at the time of the penatly) and I can't ask them to sit and wait out 6 months of debt collector letters as that will impact my relationship with them negatively. 

D_P_Dance

Why not ask your father in law to name you as the driver?

fisherjim

tincho said:

Thanks for your advice, unfortunately the car is from my father in law (even though I was the one driving it at the time of the penatly) and I can't ask them to sit and wait out 6 months of debt collector letters as that will impact my relationship with them negatively. 

The BPA COP means diddly squat with a fake penalty notice, from APCOA, also there is no "debt" it's just a scary letter from chancers.

What exactly are you expecting from here?

Umkomaas

D_P_Dance said:

Why not ask your father in law to name you as the driver?

No, not if the land is covered by byelaws (as a 'Railway Asset' is likely to be) where there is no keeper liability (not relevant land under PoFA). 

Your father should send the blue text initial appeal from the NEWBIES FAQ Announcement, first post, and add the following to it:

As your Parking Charge Notice does not comply with the requirements of the Protection of Freedoms Act 2012 (Schedule 4) - railway asset under statutory control (byelaws) and therefore 'not relevant land' - you are, in law, unable to hold the registered keeper of the vehicle liable for the parking charge. I suggest therefore that you contact the driver. As there is no legal requirement placed on the registered keeper to identify the driver, I will not be doing so.

Can you confirm which parking firm is involved please?

tincho

Umkomaas said:

D_P_Dance said:

Why not ask your father in law to name you as the driver?

No, not if the land is covered by byelaws (as a 'Railway Asset' is likely to be) where there is no keeper liability (not relevant land under PoFA). 

Your father should send the blue text initial appeal from the NEWBIES FAQ Announcement, first post, and add the following to it:

As your Parking Charge Notice does not comply with the requirements of the Protection of Freedoms Act 2012 (Schedule 4) - railway asset under statutory control (byelaws) and therefore 'not relevant land' - you are, in law, unable to hold the registered keeper of the vehicle liable for the parking charge. I suggest therefore that you contact the driver. As there is no legal requirement placed on the registered keeper to identify the driver, I will not be doing so.

Can you confirm which parking firm is involved please?

Yes the parking firm is APCOA Parking, 

I did the initial appeal with the help of chatgpt, I think in the form they ask you if you were the one driving and I selected yes, will they be able to hold that against me if I appeal via POPLA?

Coupon-mad

Oh no - why did you do that?

The PCN arrived to the registered keeper. They should have appealed. Has a POPLA Code now arrived? To whom? You or him?

ChirpyChicken

If you can get apcoa to update the address as your dad then you change any mail that comes to your address 
Apcoa can be a bit of a pain over address updates but if you want the wording to use ive now managed to convince them to do it for 2 cases recently after complaining to the BPA(apcoa suddenly turned round and said they had updated their records)

It means your dad shouldn't get any more post 
Jon done eh @Coupon-mad

Coupon-mad

Yep. Dad contacts APCOA and changes his address for service to yours (obviously your name isn't mentioned).